Elements of Negligence in California

Negligence is when a person doesn’t fully apply enough caution or care which results in injuries to another. This means that the amount and type of care provided was not properly exercised, as others in similar circumstances would have applied. The person (plaintiff) who suffers damages caused by another person’s negligence (defendant), can bring forward a claim for personal injury. The most common claims that arise from negligence are car accidents and premise liability such as slip and falls. In order to successfully win a personal injury case against a negligent party, the plaintiff must prove a few elements of negligence.
 

4 Elements of Negligence

 
Damages that a party can incur as a result from negligence may include medical bills, bodily injuries, property damages, economic losses, and pain and suffering. The plaintiff must prove the following four elements:
 
1. Duty– The defendant owed the standard of reasonable care while performing an act that could foreseeably harm others.
 
2. Breach– The defendant neglected the duty of care by failing to exercise reasonable care.
 
3. Causation – Due to the defendant’s actions, resulted in a direct cause in plaintiff’s injuries or damages.
 
4. Damages– The failure to exercise reasonable care must result in monetary losses in order to compensate the plaintiff.
 
Once all 4 elements have been proven, the courts can compensate the plaintiff for damages resulting from negligence such as medical bills, economic losses, pain and suffering.
 

Hire A Lawyer to Prove Negligence

 
Personal injury claims should not be handled without the assistance of an attorney. Insurance claims representatives are trained to pay as little to no compensation for the injuries you have sustained after an accident. However, an attorney can present and argue the medical evidence in your case and convey that the injuries were as a direct result of their insured’s negligence. An experienced attorney will also assist you to convey the future medical needs your injury can encounter and outline future any financial losses this case brought.
 

Top Quality Law Firm

 
As you can see, there are a few elements of negligence that must be proven to have a successful personal injury lawsuit. Having a quality attorney on your side will give you a fighting chance to receive the compensation you deserve. If you or a loved one has been victimized by a negligent person, reach out to the lawyers at Sweet Law Group. With over 40 years of legal experience, we are dedicated in helping you get the justice well earned. Call our office for a confidential consultation at (800) 203-3061.

 

Related Posts

no fault state

Is Arizona a No-Fault State?

If you’ve been injured in a car accident, you may learn new aspects of the law that you never had to know before. This includes complex legal terms such as “at fault state” and “no-fault state”. When it comes to an accident, the ability to prove fault is of paramount importance. If you can demonstrate […]

motorcycle accident

9 Questions to Ask a Potential Motorcycle Accident Lawyer

According to the most recent data from the Insurance Information Institute (III), around 83,000 motorcycle injuries occur every year. If you’ve been hurt in a motorcycle accident, then it’s important to secure strong legal counsel. The next steps you take can determine the outcome of your claim. You want to make sure you’re receiving the […]

Phoenix car accident attorney

Top Signs You Need to Hire a Phoenix Car Accident Attorney

More than 41,000 people were injured in car crashes in Arizona in 2020. If you were injured in a car accident, you may be wondering whether you need to hire an attorney. Keep reading for the top signs you need a Phoenix car accident attorney on your side to win your case.  Disputed Liability If […]

1 Person Injured in Auto Accident on Interstate 280 Southbound [Daly City, CA]

Common Claim Mistakes to Avoid with a Phoenix Auto Accident Lawyer

Accidents happen. When they do, you need more than your auto insurance carrier to protect your rights. You need a Phoenix auto accident lawyer with experience. On July 27, 2021, the state of Arizona released a report that there were 98,778 motor vehicle crashes in the year 2020. Of these crashes, 28,610 had injuries, and 970 […]

Police Report Request Form

Police Report Request

"*" indicates required fields

Name*
Sweet Lawyers has my permission to help provide a free police report.*
This field is for validation purposes and should be left unchanged.

Help Is Here

We have answers. Tell us about your situation.

Call (800) 674-7854 or request a callback below

"*" indicates required fields

This field is for validation purposes and should be left unchanged.